Day-767 | Daily MCQs | UPSC Prelims | POLITY

Answer: A
Explanation:
Statement 1 is correct: Judicial review is the power of the Judiciary to pronounce upon the constitutionality of laws and executive orders. Judicial review is the process of examining the constitutionality of any law passed by the Parliament. If the law passed is found to be violating or infringing the provisions of the Indian Constitution, then either the High Courts or the Supreme Court of India can declare them as void.
Statement 2 is incorrect: Since all legislative enactments become law only after receiving the assent from the President, judiciary is not empowered to scrutinize them before the assent.
Statement 3 is incorrect: Under Article 137 of the Constitution of India, the Supreme Court has the power to review any judgment pronounced or order made by it in similar or different cases. When hearing a review petition filed against its own order or judgment, the Court does not rehear the case at hand, as it would in an appeal. The purpose of a review petition is limited to remedying an apparent error or the resultant grave injustice that has been the consequence of a decision of the Court. The power to review its own decisions is not an inherent power of the Supreme Court, but a protective measure against the fallibility of the apex institution of the judiciary so as to ensure the delivery of justice. It must therefore be exercised in a limited manner.

Answer: C
Explanation:
Statement 1 is correct: Judges other than the District Judges are appointed by the Governor of a state in consultation with the High Court and the Public Service Commission of that state. Also the control over the district courts and other subordinate courts including the posting and promotions is vested with the High Court of the state.
Statement 2 is incorrect: The qualifications for a person to be appointed as a district judge:
● He should not already be in service of the Central or the State government.
● He should have been an advocate or a pleader for seven years.
● He should be recommended by the High Court for the appointment.

Answer: B
Explanation:
Statement 1 is incorrect: The President is empowered to declare any area to be a scheduled area. He can also increase or decrease the areas, alter the boundaries of an area in consultation with the Governor of the state concerned. The Governor of a State is not empowered to declare an area as a Scheduled Area.
Statement 2 is correct: Every state having a Scheduled Area is required to establish a tribal advisory council to advice on the welfare and advancement of the scheduled tribes. It consists of 20 members, three fourths of whom are to be the representatives of the scheduled tribes in the state legislative assembly.
Statement 3 is correct: The Governor of the state is empowered to direct that any particular act of the Parliament or the state legislature does not apply to the scheduled areas or apply with specific modifications or exceptions. The Governor can also make regulations for the peace and good government of a scheduled area after consulting the tribal advisory council.

Answer: C
Explanation:
Statement 1 is correct: The SOLM is a constitutional body and is created as per the recommendations of the State Reorganization Commission. Based on the recommendations of the SRC, 7th Constitutional (Amendment) Act, 1957 was enacted, whereby Articles, 350 A & B were included in the Constitution. Article 350-B provides for a Special Officer for Linguistic Minorities, who is known as the Commissioner for Linguistic Minorities in India (CLM).
Statement 2 is incorrect: It is the duty of the SOLM to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution and report to the President. The President shall cause all such reports to be laid before each House of Parliament and sent to the Governments of the States concerned.

Answer: A
Explanation:
Statement 1 is correct: All India Services officers serve both the Union and the states
Statement 2 is incorrect: The Constitution provides for the creation of All India Services (AIS) common to the Union and the States. The All India Services Act, 1951 provides that the Central Government may make rules for regulating the recruitment and the conditions of service of persons appointed to the All India Services. Presently only the IAS, the IPS and the IFS have been constituted as All India Services.
Statement 3 is incorrect: The Rajya Sabha can authorize the Parliament to create a new All India Service by passing a resolution.

Answer: B
Explanation: Refer to the correctly matched pairs given below:
Name of the Committees – Subject Matters
1. K. Santhanam – Panchayati Raj Elections
2. S.D. Mishra – Panchayats and Cooperatives
3. P.K. Thungon – District Planning
4. Smt. Daya Choubey – Community Development and Panchayati Raj

Answer: B
Explanation:
Statement 1 is correct: As per, Article 243K, The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission consisting of a State Election Commissioner to be appointed by the Governor.
Statement 2 is correct: Subject to the provisions of any law made by the Legislature of a State the conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine. Provided that the State Election Commissioner shall not be removed from his office except in like manner and on the like ground as a Judge of a High Court (proved misbehavior and incapacity) and the conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment.

Answer: A
Explanation:
Statement 1 is correct: 97th Constitutional Amendment Act 2011 gave constitutional status and protection to the cooperative societies.
The words ‘Co-operative societies’ were added to Part III of Article 19(1)(c) of the Constitution. The 97th Amendment to the Constitution adds this important clause to Article 19(1)(c) by recognizing people’s right to form Co-operative societies as a fundamental right.
A new Article 43B was added to the Directive Principles of State Policy (Part IV) relating to the ‘Promotion of Co-operative Societies,’ which states that the State shall endeavor to promote Co-operative societies’ voluntary formation, autonomous functionality, and professional management.
The Amendment added a new Part IX-B to the Constitution, following Part IX-A, titled ‘The Co-operative Societies’ (Articles 243-ZH to 243-ZT).
Statement 2 is incorrect: State legislatures of a State may, by law, make provisions with respect to the incorporation, regulation and winding up of cooperative societies.

Statement 3 is incorrect: State Legislature not the State government can make provisions for imposition of penalties on cooperative societies.

Answer: D
Explanation: Option D is Correct.
● The World Economic Forum (WEF) released the report “Global Risks Report 2023”.
● According to the report the global pandemic and war in Europe has been held responsible for the energy, inflation and food crises and ‘cost of living’ ranks as the top most serious global risk in the short term (over the next two years).
● According to the report, ‘Failure to mitigate climate change’ as well as ‘failure of climate change adaptation’ are the two most severe risks facing the world in the next decade, followed by ‘natural disasters and extreme weather events’ and ‘Biodiversity loss and ecosystem collapse’.

Answer: B
Explanation:
Statement 1 is incorrect: SAGAR is India’s strategic vision for the Indian Ocean. It does not aim at enhancing tourism through inland waterways and port redevelopment in India. Inland waterways have been accorded a central role in maritime development in India and the National Waterways Act 2016, has declared 111 rivers or river stretches, creeks, estuaries in India as National Waterways.
Statements 2 and 3 are correct: SAGAR provides a way to deepen India’s strategic alliances with countries of the Indian Ocean region in Asia and Africa. It encourages group action to combat maritime concerns like piracy, terrorism, etc.

Answer: B
Explanation:
Statement 1 is correct: The Election Commission of India (ECI) is an autonomous constitutional authority responsible for administering Union and State election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, and State Legislative Assemblies in India, and the offices of the President and Vice President in the country. It is not concerned with the elections to panchayats and municipalities in the states. For this, the Constitution of India provides for a separate State Election Commission.
Statement 2 is incorrect: The commission is vested with both advisory jurisdiction and quasi-judicial powers. Under the Constitution, the Commission has advisory jurisdiction in the matter of post-election disqualification of sitting members of Parliament and State Legislatures. The Commission is vested with quasi-judicial power to settle disputes relating to splits/ mergers of recognised political parties.
Statement 3 is correct: The Election Commission of India (ECI) hosted the 2nd International Conference on the theme ‘Use of Technology and Elections Integrity’ at New Delhi on 23-24 January, 2023.

Answer: A
Explanation:
Statement 1 is correct: The Representation of the People Act, 1950 lays down the process of delimitation of constituencies.
Statement 2 is incorrect: It provides for the allocation of seats in the House of the People and in the Legislative Assemblies and Legislative Councils of States.
Statement 3 is incorrect: The Representation of the People Act, 1951 deals with the registration of political parties.

Answer: B
Explanation:
Statement 1 is correct: An individual who has attained the age of twenty-one years is eligible to contest the election to the Panchayat.
Statement 2 is incorrect: An election petition can only be presented to such authority and in such a manner as prescribed by state by law. The Constitution gives power to states in this regard.
Statement 3 is correct: The fresh elections to constitute a panchayat shall be completed:
● Before the expiry of its duration of five years.
● In case of dissolution, before the expiry of six months from the date of its dissolution.
● Where the remainder of the period which the dissolved Panchayat would have continued is less than six months, it shall not be necessary to hold elections for constituting the new Panchayat for such a period.

Answer: B
Explanation:
Statement 1 is correct: ED is a multi-disciplinary organization under the Department of Revenue, Ministry of Finance.
Statement 2 is correct: The ED is mandated to investigate offenses under the Foreign Exchange Management Act, 1999, PMLA 2002, FEOA 2018.
Statement 3 is incorrect: The ED Director is appointed by the central government on the recommendation of a committee chaired by the Central Vigilance Commissioner and members of Vigilance Commissioners, Home Secretary, Secretary DOPT, and Revenue Secretary.

Answer: B
Explanation:
Statement 1 is correct: Constitution has not prescribed a minimum age for the appointment of a Judge of the Supreme Court however; it has prescribed certain qualifications such as:
He should be a citizen of India.
He should have been a judge of the High Court for at least 5 years or he should have been an advocate in the High Court for at least 10 years or He should be a distinguished jurist in the opinion of the President.
Statement 2 is correct: The Constitution of India has not fixed the tenure of the Supreme Court judge however, it makes three provisions:
● He holds office until he attains the age of 65 years. (Hence Statement 3 is incorrect)
● He can resign from his office by writing to the President
● He can be removed from the office by the President on the recommendation of the Parliament.

Answer: B
Explanation:
Statement 1 is incorrect: The chief judicial magistrate decides criminal cases, which are punishable with imprisonment for a term up to seven years. Appeals against the orders of Chief Judicial Magistrate lie in session’s court.
Statement 2 is correct: The session’s judge has the power to impose any sentence including life imprisonment and capital punishment (death sentence). However, a capital punishment passed by him is subject to confirmation by the High Court, whether there is an appeal or not.
Statement 3 is correct: The district judge is the highest judicial authority in the district. He possesses original and appellate jurisdiction in both civil as well as criminal matters. The district judge is also the session’s judge. When he deals with civil cases, he is known as the district judge and when he hears the criminal cases, he is called as the session’s judge. Appeals against his orders and judgments lie to the High Court.

Answer: B
Explanation:
Statement 1 is incorrect: The Chief Justice of India is patron-in-chief of NALSA while the second senior most judge of the Supreme Court of India is the Executive-Chairman. The Union Minister of Law and Justice is not its chairman.
Statement 2 is correct: The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act. It has been enacted in pursuance of Article 39 A of the Constitution which is a part of the Directive Principles of State Policy (DPSPs). According to Article 39 A of Indian constitution the State shall ensure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid.
Statement 3 is correct: NALSA lays down policies, principles, guidelines and frames effective and economical schemes for the State Legal Services Authorities to implement the Legal Services Programmes throughout the country. Primarily, the State Legal Services Authorities, District Legal Services Authorities, Taluk Legal Services Committees, etc. have been asked to discharge the following main functions on regular basis:
● To Provide Free and Competent Legal Services to the eligible persons;
● To organize Lok Adalats for amicable settlement of disputes and
● To organize legal awareness camps in the rural areas.

Answer: A
Explanation:
Statement 1 is correct: A Lok Adalat shall have jurisdiction to determine and to arrive at a compromise or settlement between the parties to a dispute in respect of:
any case pending before any court; or
any matter which is falling within the jurisdiction of any court and not brought before such court. Thus, the Lok Adalat can deal with not only the cases pending before a court but also with the disputes at pre-litigation stage.
Statement 2 is incorrect: The Lok Adalat shall have no jurisdiction in respect of any case relating to an offense not compoundable under any law. In other words, the offenses which are non- compoundable under any law fall outside the purview of the Lok Adalat.
Statement 3 is incorrect: An award of a Lok Adalat is deemed to be a decree of a Civil Court or an order of any other court. Every award made by a Lok Adalat shall be final and binding on all the parties to the dispute. No appeal lies to any court against the award of the Lok Adalat.

Answer: B
Explanation:
Statement 1 is correct: PMAY was launched with the objective of providing affordable housing to all citizens. PMAY was launched in 2015 with the objective of providing affordable housing to all citizens. The scheme was created to assist the middle-income community, economically disadvantaged groups (EWS) and low-income groups(LIG).

Pradhan Mantri Awas Yojana(Urban) was launched by the Ministry of Housing and Urban affairs in 2015 with an aim to provide Central assistance through States/Union Territories (UTs) for providing houses to all eligible families/beneficiaries.

Pradhan Mantri Awas Yojana(Gramin) was launched by the Ministry of Rural Development in 2016 with an aim to provide a pucca house with basic amenities to all rural families. People who are homeless or living in kutcha or dilapidated houses are eligible for benefits.
Statement 2 is incorrect: Urban Infrastructure Development Fund (UIDF) has been set up with the aim to create infrastructure in Tier-2 and Tier-3 cities.
Statement 3 is correct: The funds under UIDF are managed by the National Housing Bank.

Eligible Activities: Eligible Activities for UIDF shall be aligned to the Missions & programmes of the Ministry of Housing & Urban Affairs (MOHUA). These shall focus on basic services like Sewerage and Solid Waste Management, Water Supply and Sanitation, etc. Impact oriented projects may be prioritized. Some of the eligible activities are:
● Water Supply & Sanitation
● Solid Waste Management
● Construction of roads (excluding maintenance works), Over bridges, grade separators, underpasses
● Comprehensive Area Development Projects
● Local Area Plan for de-congestion Heritage Conservation
● Town Planning Schemes for Greenfield development
● Parks with open Gym not involving major construction work, etc.

Answer: C
Explanation:
Statement 1 is correct: The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) has received attention for its rights-based approach to providing social protection. It is an employment guarantee scheme designed to provide employment and basic income security to the rural working-age population in India, as well as improve their livelihoods through the development of durable assets. MGNREGA combines rights-based entitlements with demand-driven employment and citizen-centered planning and monitoring in its design.
Statement 2 is correct: MGNREGA benefits are universal and inclusive; they take into account the special needs of historically and economically disadvantaged groups such as indigenous and outcaste groups and women. Hence, equality of access and non-discrimination are part of the scheme
Statement 3 is correct: MGNREGA considers rural workers in need of work and income as rights-holders, while the administration is the duty-bearer with the obligation to deliver. In order to realize their entitlement to employment, citizens need to state their demand to local officials, who are then responsible for opening a public works project. The workers’ rights and dignity are further strengthened by their involvement in planning, implementation and monitoring processes. Ideally, MGNREGA public work projects are requested by the village assembly and are approved by the local and district administrations
Statement 4 is incorrect: Population control is not one of the objectives of the MGNREGA Scheme.